Human Services Committee

Filed: 5/28/2008

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2285

2     AMENDMENT NO. ______. Amend Senate Bill 2285 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Uniform Emergency Volunteer Health Practitioners Act.
 
6     Section 2. Definitions. In this Act:
7     (1) "Disaster relief organization" means an entity that
8 provides emergency or disaster relief services that include
9 health or veterinary services provided by volunteer health
10 practitioners and that:
11         (A) is designated or recognized as a provider of those
12     services pursuant to a disaster response and recovery plan
13     adopted by an agency of the federal government or the
14     Illinois Emergency Management Agency; or
15         (B) regularly plans and conducts its activities in
16     coordination with an agency of the federal government or

 

 

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1     the Illinois Emergency Management Agency.
2     (2) "Emergency" means an event or condition that is a
3 disaster as defined in Section 4 of the Illinois Emergency
4 Management Agency Act.
5     (3) "Emergency declaration" means a declaration of
6 emergency issued by a person authorized to do so under the laws
7 of this State or a disaster proclamation issued by the Governor
8 pursuant to Section 7 of the Illinois Emergency Management
9 Agency Act.
10     (4) (Reserved).
11     (5) "Entity" means a person other than an individual.
12     (6) "Health facility" means an entity licensed under the
13 laws of this or another state to provide health or veterinary
14 services.
15     (7) "Health practitioner" means an individual licensed
16 under the laws of this or another state to provide health or
17 veterinary services.
18     (8) "Health services" means the provision of treatment,
19 care, advice or guidance, or other services, or supplies,
20 related to the health or death of individuals or human
21 populations, to the extent necessary to respond to an
22 emergency, including:
23         (A) the following, concerning the physical or mental
24     condition or functional status of an individual or
25     affecting the structure or function of the body:
26             (i) preventive, diagnostic, therapeutic,

 

 

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1         rehabilitative, maintenance, or palliative care; and
2             (ii) counseling, assessment, procedures, or other
3         services;
4         (B) sale or dispensing of a drug, a device, equipment,
5     or another item to an individual in accordance with a
6     prescription; and
7         (C) funeral, cremation, cemetery, or other mortuary
8     services.
9     (9) "Host entity" means an entity operating in this State
10 which uses volunteer health practitioners to respond to an
11 emergency, including a healthcare facility, system, clinic or
12 other fixed or mobile location where health care services are
13 provided. A disaster relief organization may also be a host
14 entity under this subsection to the extent that it operates a
15 healthcare facility, system, clinic, or other fixed or mobile
16 location in providing emergency or disaster relief services.
17     (10) "License" means authorization by a state to engage in
18 health or veterinary services that are unlawful without the
19 authorization.
20     (11) "Person" means an individual, corporation, business
21 trust, trust, partnership, limited liability company,
22 association, joint venture, public corporation, government or
23 governmental subdivision, agency, or instrumentality, or any
24 other legal or commercial entity.
25     (12) "Scope of practice" means the extent of the
26 authorization to provide health or veterinary services granted

 

 

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1 to a health practitioner by a license issued to the
2 practitioner in the state in which the principal part of the
3 practitioner's services are rendered, including any conditions
4 imposed by the licensing authority.
5     (13) "State" means a state of the United States, the
6 District of Columbia, Puerto Rico, the United States Virgin
7 Islands, or any territory or insular possession subject to the
8 jurisdiction of the United States.
9     (14) "Veterinary services" means the provision of
10 treatment, care, advice or guidance, or other services, or
11 supplies, related to the health or death of an animal or to
12 animal populations, to the extent necessary to respond to an
13 emergency declaration, including:
14         (A) diagnosis, treatment, or prevention of an animal
15     disease, injury, or other physical or mental condition by
16     the prescription, administration, or dispensing of
17     vaccine, medicine, surgery, or therapy;
18         (B) use of a procedure for reproductive management; and
19         (C) monitoring and treatment of animal populations for
20     diseases that have spread or demonstrate the potential to
21     spread to humans.
22     (15) "Volunteer health practitioner" means a health
23 practitioner who provides health or veterinary services,
24 whether or not the practitioner receives compensation for those
25 services. The term does not include a practitioner who receives
26 compensation pursuant to an employment relationship existing

 

 

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1 at the time of the emergency with a host entity which requires
2 the practitioner to provide health services in this State,
3 unless the practitioner is not a resident of this State and is
4 employed by a disaster relief organization providing services
5 in this State while an emergency declaration is in effect.
 
6     Section 3. Applicability to volunteer health
7 practitioners. This Act applies to volunteer health
8 practitioners registered with a registration system that
9 complies with Section 5 and who provide health or veterinary
10 services in this State for a host entity or disaster relief
11 organization while an emergency declaration is in effect.
 
12     Section 4. Regulation of services during emergency.
13     (a) While a disaster proclamation under the Illinois
14 Emergency Management Agency Act is in effect, the Illinois
15 Emergency Management Agency may limit, restrict, or otherwise
16 regulate:
17         (1) the duration of practice by volunteer health
18     practitioners;
19         (2) the geographical areas in which volunteer health
20     practitioners may practice;
21         (3) the types of volunteer health practitioners who may
22     practice; and
23         (4) any other matters necessary to coordinate
24     effectively the provision of health or veterinary services

 

 

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1     during the emergency.
2     (b) An order issued pursuant to subsection (a) may take
3 effect immediately, without prior notice or comment, and is not
4 a rule within the meaning of the Illinois Administrative
5 Procedure Act.
6     (c) A host entity or disaster relief organization that uses
7 volunteer health practitioners to provide health or veterinary
8 services in this State shall:
9         (1) consult and coordinate its activities with the
10     Illinois Emergency Management Agency to the extent
11     practicable to provide for the efficient and effective use
12     of volunteer health practitioners; and
13         (2) comply with any laws relating to the management of
14     emergency health or veterinary services.
 
15     Section 5. Volunteer Health Practitioner Registration
16 Systems.
17     (a) To qualify as a volunteer health practitioner
18 registration system, a system must:
19         (1) accept applications for the registration of
20     volunteer health practitioners before or during an
21     emergency;
22         (2) include information about the licensure and good
23     standing of health practitioners which is accessible by
24     authorized persons;
25         (3) be capable of confirming the accuracy of

 

 

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1     information concerning whether a health practitioner is
2     licensed and in good standing before health services or
3     veterinary services are provided under this Act; and
4         (4) meet one of the following conditions:
5             (A) be an emergency system for advance
6         registration of volunteer health-care practitioners
7         established by a state and funded through the
8         Department of Health and Human Services under Section
9         319I of the Public Health Services Act, 42 U.S.C.
10         Section 247d-7b (as amended);
11             (B) be a local unit consisting of trained and
12         equipped emergency response, public health, and
13         medical personnel formed pursuant to Section 2801 of
14         the Public Health Services Act, 42 U.S.C. Section 300hh
15         (as amended);
16             (C) be operated by a:
17                 (i) disaster relief organization;
18                 (ii) licensing board;
19                 (iii) national or regional association of
20             licensing boards or health practitioners;
21                 (iv) health facility that provides
22             comprehensive inpatient and outpatient health-care
23             services, including a tertiary care, teaching
24             hospital, or ambulatory surgical treatment center;
25             or
26                 (v) governmental entity; or

 

 

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1             (D) be designated by the Department of Public
2         Health as a registration system for purposes of this
3         Act.
4     (b) While an emergency declaration is in effect, the
5 Department of Public Health, a person authorized to act on
6 behalf of the Department of Public Health, or a host entity or
7 disaster relief organization, may confirm whether volunteer
8 health practitioners utilized in this State are registered with
9 a registration system that complies with subsection (a).
10 Confirmation is limited to obtaining identities of the
11 practitioners from the system and determining whether the
12 system indicates that the practitioners are licensed and in
13 good standing.
14     (c) Upon request of a person in this State authorized under
15 subsection (b), or a similarly authorized person in another
16 state, a registration system located in this State shall notify
17 the person of the identities of volunteer health practitioners
18 and whether the practitioners are licensed and in good
19 standing.
20     (d) A host entity or disaster relief organization is not
21 required to use the services of a volunteer health practitioner
22 even if the practitioner is registered with a registration
23 system that indicates that the practitioner is licensed and in
24 good standing.
 
25     Section 6. Recognition of volunteer health practitioners

 

 

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1 licensed in other states.
2     (a) While an emergency declaration is in effect, a
3 volunteer health practitioner, registered with a registration
4 system that complies with Section 5 and licensed and in good
5 standing in the state upon which the practitioner's
6 registration is based, may practice in this State to the extent
7 authorized by this Act as if the practitioner were licensed in
8 this State.
9     (b) A volunteer health practitioner qualified under
10 subsection (a) is not entitled to the protections of this Act
11 if the practitioner is licensed in more than one state and any
12 license of the practitioner is suspended, revoked, or subject
13 to an agency order limiting or restricting practice privileges,
14 or has been voluntarily terminated under threat of sanction.
 
15     Section 7. No effect on credentialing and privileging.
16     (a) In this Section:
17         (1) "Credentialing" means obtaining, verifying, and
18     assessing the qualifications of a health practitioner to
19     provide treatment, care, or services in or for a health
20     facility.
21         (2) "Privileging" means the authorizing by an
22     appropriate authority, such as a governing body, of a
23     health practitioner to provide specific treatment, care,
24     or services at a health facility subject to limits based on
25     factors that include license, education, training,

 

 

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1     experience, competence, health status, and specialized
2     skill.
3     (b) This Act does not affect credentialing or privileging
4 standards of a health facility and does not preclude a health
5 facility from waiving or modifying those standards while an
6 emergency declaration is in effect.
 
7     Section 8. Provision of volunteer health or veterinary
8 services; administrative sanctions.
9     (a) Subject to subsections (b) and (c), a volunteer health
10 practitioner shall adhere to the scope of practice for a
11 similarly licensed practitioner established by the licensing
12 provisions, practice Acts, or other laws of this State.
13     (b) Except as otherwise provided in subsection (c), this
14 Act does not authorize a volunteer health practitioner to
15 provide services that are outside the practitioner's scope of
16 practice, even if a similarly licensed practitioner in this
17 State would be permitted to provide the services.
18     (c) Consistent with the Department of Professional
19 Regulation Law of the Civil Administrative Code of Illinois and
20 the Department of Public Health Powers and Duties Law of the
21 Civil Administrative Code of Illinois, the Illinois Emergency
22 Management Agency, the Department of Financial and
23 Professional Regulation, or the Department of Public Health may
24 modify or restrict the health or veterinary services that
25 volunteer health practitioners may provide pursuant to this Act

 

 

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1 during an emergency. A proclamation under this subsection may
2 take effect immediately, without prior notice or comment, and
3 is not a rule within the meaning of the Illinois Administrative
4 Procedure Act.
5     (d) A host entity or disaster relief organization may
6 restrict the health or veterinary services that a volunteer
7 health practitioner may provide pursuant to this Act.
8     (e) A volunteer health practitioner does not engage in
9 unauthorized practice unless the practitioner has reason to
10 know of any limitation, modification, or restriction under this
11 Section or that a similarly licensed practitioner in this State
12 would not be permitted to provide the services. A volunteer
13 health practitioner has reason to know of a limitation,
14 modification, or restriction or that a similarly licensed
15 practitioner in this State would not be permitted to provide a
16 service if: (1) the practitioner knows the limitation,
17 modification, or restriction exists or that a similarly
18 licensed practitioner in this State would not be permitted to
19 provide the service; or (2) from all the facts and
20 circumstances known to the practitioner at the relevant time, a
21 reasonable person would conclude that the limitation,
22 modification, or restriction exists or that a similarly
23 licensed practitioner in this State would not be permitted to
24 provide the service.
25     (f) In addition to the authority granted by law of this
26 State to regulate the conduct of health practitioners, a

 

 

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1 licensing board or other disciplinary authority in this State:
2         (1) may impose administrative sanctions upon a health
3     practitioner licensed in this State for conduct outside of
4     this State in response to an out-of-state emergency;
5         (2) may impose administrative sanctions upon a
6     practitioner not licensed in this State for conduct in this
7     State in response to an in-state emergency; and
8         (3) shall report any administrative sanctions imposed
9     upon a practitioner licensed in another state to the
10     appropriate licensing board or other disciplinary
11     authority in any other state in which the practitioner is
12     known to be licensed.
13     (g) In determining whether to impose administrative
14 sanctions under subsection (f), a licensing board or other
15 disciplinary authority shall consider the circumstances in
16 which the conduct took place, including any exigent
17 circumstances, and the practitioner's scope of practice,
18 education, training, experience, and specialized skill.
 
19     Section 9. Relation to other laws.
20     (a) This Act does not limit rights, privileges, or
21 immunities provided to volunteer health practitioners by laws
22 other than this Act. Except as otherwise provided in subsection
23 (b), this Act does not affect requirements for the use of
24 health practitioners pursuant to the Emergency Management
25 Assistance Compact.

 

 

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1     (b) The Illinois Emergency Management Agency, pursuant to
2 any mutual aid compacts entered into by this State, may
3 incorporate into the emergency forces of this State volunteer
4 health practitioners who are not officers or employees of this
5 State, a political subdivision of this State, or a municipality
6 or other local government within this State.
 
7     Section 10. Regulatory authority. The Illinois Emergency
8 Management Agency may implement this Act. The Illinois
9 Emergency Management Agency shall consult with and consider the
10 recommendations of the entity established to coordinate the
11 implementation of the Emergency Management Assistance Compact
12 and shall also consult with and consider rules promulgated by
13 similarly empowered agencies in other states to promote
14 uniformity of application of this Act and make the emergency
15 response systems in the various states reasonably compatible.
 
16     Section 11. Workers' compensation coverage. A volunteer
17 health practitioner providing health or veterinary services
18 pursuant to this Act may be considered a volunteer in
19 accordance with subsection (k) of Section 10 of the Illinois
20 Emergency Management Act for the purposes of worker's
21 compensation coverage.
 
22     Section 12. Uniformity of application and construction. In
23 applying and construing this uniform act, consideration must be

 

 

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1 given to the need to promote uniformity of the law with respect
2 to its subject matter among states that enact it.
 
3     Section 800. No authority to make or promulgate rules.
4 Notwithstanding any other rulemaking authority that may exist,
5 neither the Governor nor any agency or agency head under the
6 jurisdiction of the Governor has any authority to make or
7 promulgate rules to implement or enforce the provisions of this
8 Act. If, however, the Governor believes that rules are
9 necessary to implement or enforce the provisions of this Act,
10 the Governor may suggest rules to the General Assembly by
11 filing them with the Clerk of the House and Secretary of the
12 Senate and by requesting that the General Assembly authorize
13 such rulemaking by law, enact those suggested rules into law,
14 or take any other appropriate action in the General Assembly's
15 discretion. Nothing contained in this Act shall be interpreted
16 to grant rulemaking authority under any other Illinois statute
17 where such authority is not otherwise explicitly given. For the
18 purposes of this Act, "rules" is given the meaning contained in
19 Section 1-70 of the Illinois Administrative Procedure Act, and
20 "agency" and "agency head" are given the meanings contained in
21 Sections 1-20 and 1-25 of the Illinois Administrative Procedure
22 Act to the extent that such definitions apply to agencies or
23 agency heads under the jurisdiction of the Governor.
 
24     Section 900. The Department of Professional Regulation Law

 

 

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1 of the Civil Administrative Code of Illinois is amended by
2 changing Section 2105-400 as follows:
 
3     (20 ILCS 2105/2105-400)
4     Sec. 2105-400. Emergency Powers.
5     (a) Upon proclamation of a disaster by the Governor, as
6 provided for in the Illinois Emergency Management Agency Act,
7 the Secretary of Financial and Professional Regulation shall
8 have the following powers, which shall be exercised only in
9 coordination with the Illinois Emergency Management Agency and
10 the Department of Public Health:
11         (1) The power to suspend the requirements for permanent
12     or temporary licensure of persons who are licensed in
13     another state and are working under the direction of the
14     Illinois Emergency Management Agency and the Department of
15     Public Health pursuant to a declared disaster.
16         (2) The power to modify the scope of practice
17     restrictions under any licensing act administered by the
18     Department for any person working under the direction of
19     the Illinois Emergency Management Agency and the Illinois
20     Department of Public Health pursuant to the declared
21     disaster.
22         (3) The power to expand the exemption in Section 4(a)
23     of the Pharmacy Practice Act to those licensed
24     professionals whose scope of practice has been modified,
25     under paragraph (2) of subsection (a) of this Section, to

 

 

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1     include any element of the practice of pharmacy as defined
2     in the Pharmacy Practice Act for any person working under
3     the direction of the Illinois Emergency Management Agency
4     and the Illinois Department of Public Health pursuant to
5     the declared disaster.
6         (4) The power to request the services of emergency
7     volunteer health practitioners registered with an approved
8     registration system created under the Uniform Emergency
9     Volunteer Health Practitioners Act.
10     (b) Persons exempt from licensure under paragraph (1) of
11 subsection (a) of this Section and persons operating under
12 modified scope of practice provisions under paragraph (2) of
13 subsection (a) of this Section shall be exempt from licensure
14 or be subject to modified scope of practice only until the
15 declared disaster has ended as provided by law. For purposes of
16 this Section, persons working under the direction of an
17 emergency services and disaster agency accredited by the
18 Illinois Emergency Management Agency and a local public health
19 department, pursuant to a declared disaster, shall be deemed to
20 be working under the direction of the Illinois Emergency
21 Management Agency and the Department of Public Health.
22     (c) The Director shall exercise these powers by way of
23 proclamation.
24 (Source: P.A. 94-733, eff. 4-27-06; 95-689, eff. 10-29-07.)".